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TABLE OF CONTENTS
Section 1 - The Schedule
SF 1449 cover sheet
Continuation To SF-1449, RFP Number SNP400-12-R-1925144 Prices, Block 23
Continuation To SF-1449, RFP Number SNP400-12-R-1925144, Schedule Of
Supplies/Services, Block 20 Description/Specifications/Work Statement
Section 2 - Contract Clauses
Contract Clauses
Addendum to Contract Clauses - FAR and DOSAR Clauses not Prescribed in Part 12
Section 3 - Solicitation Provisions
Solicitation Provisions
Section 4 - Evaluation Factors
Evaluation Factors
Section 5 - Representations and Certifications
Offeror Representations and Certifications
Addendum to Offeror Representations and Certifications - FAR and DOSAR
Provisions not Prescribed in Part 12
2
SECTION 1 - THE SCHEDULE
RFP #SNP400-12-R-1925144
AMC CONTRACT FOR ANNUAL TESTING AND MAINTENANCE OF CLEAVER BROOKS
BOILERS
1.0 DESCRIPTION
The American Embassy in Kathmandu, Nepal requires services to provide annual testing
and maintenance of Cleaver Brooks Boilers at Chancery, Kathmandu, Nepal. The
services shall result in the two boiler system being in good operational condition when
activated.
1.1. TYPE OF CONTRACT
This is a firm fixed price contract payable entirely in US Dollar. No additional sums will be
payable for any escalation in the cost of materials, equipment or labor, or because of
the contractor's failure to properly estimate or accurately predict the cost or difficulty of
achieving the results required. The contract price will not be adjusted due to
fluctuations in currency exchange rates.
1.2. PERIOD OF PERFORMANCE
The contract will be for a period of one-year, with four one-year optional periods of
performance and will be expected to commence no later than September -
December 2012 for first year and same months for additional 4 years.
2.0 PRICING
The rates below include all costs associated with providing annual testing and
maintenance for the two units of Cleaver Brooks Boilers at Chancery in accordance
with the below mentioned Section 1, Sub section 4 to 6 and the manufacturer‘s
warranty including materials, labor, insurance (see FAR 52.228-4 and 52.228-5),
overhead, profit and GST (if applicable).
Cost Proposal shall include amounts for the following as minimum:
The maximum required number of labor hours by labor classification and labor
rates at job site.
Travel, lodging and per diem cost as listed by US State Department for Kathmandu
The required number of labor days and labor rates for travel to and from
respective posts.
Airfare Costs
In country transport
The required number of labor hour for pre trip preparation and post trip report
preparation.
Courier charges to ship the testing tool
3
Total proposed price.
Information on hotel, visa requirement, expeditors service, shipping time for tools should
aide vendors to work on their cost proposal:
Visa is on arrival at airport and cost $ 40. Two copies of passport size photo is
required for On Arrival Visa at Kathmandu‘s airport
Hotel Raddisson, Kathmandu is the preferred and recommended lodging option
which is closer to Chancery and Phora site. If requested by contractor, COR
and/or POC can book room and rate will be with in U.S. Government listed per
diem cost.
Post takes 5-7 working days to clear the testing tools from custom if they are
couriered to COR with advance notice.
Expeditor service and local transportation facility will not be provided to
contractors. As reference taxi from Hotel Radission to Chancery & Phora cost $3.00
on way.
2.1. Base Year . The Contractor shall provide the services shown below for the Base
period of the contract and continuing for a period of 12 months.
2.2. Option Year 1. The Contractor shall provide the services shown below for
Option Year 1 of the contract, and continuing for a period of 12 months.
2.3. Option Year 2. The Contractor shall provide the services shown below for
Option Year 2 of the contract, and continuing for a period of 12 months.
CLIN Description
type of
services No. of
service
Unit price
/ service
($)
Total per
year ($)
001
Two units of Cleaver
Brooks Boilers at
Chancery
Annual 1
Total cost Base Year
CLIN Description
type of
services No. of
service
Unit price
/ service
($)
Total per
year ($)
001 Cleaver Brooks Boilers
at Chancery Annual 1
Total cost Option Yr. 1
4
2.4. Option Year 3. The Contractor shall provide the services shown below for
Option Year 3 of the contract, and continuing for a period of 12 months.
2.5. Option Year 4. The Contractor shall provide the services shown below for
Option Year 4 of the contract, and continuing for a period of 12 months
2.6. Total for all years: Base Year $__________
Option Year 1 $__________
Option Year 2 $__________
Option Year 3 $__________
Option Year 4 $__________
TOTAL $__________
3.0 NOTICE TO PROCEED
After Contract award and submission of acceptable insurance certificates and copies
of all applicable licenses and permits, the Contracting Officer will issue a Notice to
Proceed. The Notice to Proceed will establish a date (a minimum of ten (10) days from
date of Contract award unless the Contractor agrees to an earlier date) on which
performance shall start.
CLIN Description
type of
services No. of
service
Unit price
/ service
($)
Total per
year ($)
001 Cleaver Brooks Boilers
at Chancery Annual 1
Total for Option Year 2
CLIN Description
type of
services No. of
service
Unit price
/ service
($)
Total per
year ($)
001 Cleaver Brooks Boilers
at Chancery Annual 1
Total for Option Year 3
CLIN Description
type of
services No. of
service
Unit price
/ service
($)
Total per
year ($)
Scheduled maintenance service for generator sets
001 Cleaver Brooks Boilers
at Chancery. Annual 1
Total for Base Year
5
4. DESCRIPTION/SPECIFICATION/WORK STATEMENT
The United States Department of State (DOS) requires services to provide annual testing
and maintenance for the Cleaver Brooks Boilers system at the U.S. Embassy,
Kathmandu, Nepal. The purpose of this annual maintenance contract is to provide the
qualified labor required for successful completion of ―Annual Preventive Maintenance
Contact‖ for these 2 boiler units according to attached requirement. All works
mentioned in this document should be carried out under these contracts which are
applicable to installed water tube boiler:
1. The United States Embassy in Kathmandu, Nepal two dedicated boiler for
centralized HVAC system with following specification:
Boiler 1
Model: FLX 400 Series, GP-2OO-3
Serial No: 463241
Date Mfg 12/18/2006
Control System: CB 100E microprocessor based burner management control
with Honeywell make UDC 2500 controller
Boiler 2
Model: FLX 400 Series, GP-1OO-3
Serial No: 5189317.2
Date Mfg 3/28/2006
Control System: CB 100E microprocessor based burner management control
with Honeywell make UDC 2500 controller
4.1. The Contractor shall provide all necessary managerial, administrative and direct
labor personnel, as well as all transportation, equipment, tools, supplies and
materials required to perform inspection, maintenance, and component
replacement as required to maintain the boiler system in accordance with this
DESCRIPTION/SPECIFICATION/WORK STATEMENT.
The services of trained and qualified boiler technicians to inspect, adjust, and
perform scheduled preventive maintenance; and the contractor shall replace
the parts provide by US Embassy Kathmandu as noted in Section 3 –
SOLICITATION PROVISIONS under ―instructions to offerors‖ of this RFP:
4.2. The purpose of this scope of work is to define the requirements for the scheduled
maintenance of boiler system within the facility. The intent of this contract is to
perform one time visit for annual maintenance contract for these two unit of
Cleaver Brooks made boiler system. Work shall be done in accordance with the
project SOW, specifications and be complaint with reference codes.
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5.0 General Requirements
5.1 The contractor shall provide all repair services necessary to meet objectives as
shown in Section 4.0 above and generic maintenance chart attached below as
PDF. All tests/repair/adjustment stated in following charts will be done during this
one time visit which will include all weekly, monthly, semi-annual and annual test.
Adobe Acrobat Document
Please contact Mr. Mahesh Pudasaini, email: [email protected] for this
attachment file.
5.2 All parts and material will be government furnished (GFE).
The contractor shall provide all tools necessary to perform the work as
specified in this SOW.
5.3 Contractor shall dispose of any unused pipe, excess material or other construction
debris.
5.4 Qualified Mechanics: Contractor personnel conducting boiler maintenance work
and shall be qualified and experienced in accordance with Section 4.3.3 of NFPA
72, National Fire Alarm code.
5.5 Acceptance of work: The contractor shall provide certification that work was
approved and accepted by the POC at post. The contractor shall submit all
relevant documentation and test results showing work was completed as required
in section 4 to 6 of this SOW and provide the form to the Post Facilities Manager of
his official representative. The contractor must submit validation that work was
completed satisfactorily with request for payment.
5.6 The contractor shall coordinate all work and testing of systems with the POC at
Post.
5.7 Contractor shall provide security and travel information to CO and COR for
personnel traveling to post for generation of the country clearance cable.
Information shall be provided at least 14 days prior day of travel.
a) Full name.
b) Date of birth.
c) Place of Birth
d) Social security number.
e) Dates of visit.
f) Level of clearance.
g) Name of Company for third party contractors.
h) Flight Itinerary
i) State whether meet and assist at airport is needed.
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j) State whether post is requested to arrange lodging/hotel accommodations.
k) State whether laptop, digital cameras or other electronics is needed for the task.
5.8 Provide a written report in English to Post Facilities Manager containing following:
a) System information (make, model, all devices types)
b) Pass/Fail of each feature and type of component tested. If a device fails, note
device type, address and location with in Post
c) Any comments on system (or device) condition as pertains to service life and
dependability.
d) Full printout of test from system printer
e) Testing of exhaust gas by Gas Analyzer
6.0 Specific Requirement
The contractor‘s performing technician must be trained and experienced on FLX series
boiler from Cleaver Brooks. The contractor is responsible for providing the service
technician the proper tools and test equipment to accomplish each segment of this
work statement. All work performed under this contract should have warrantee for at
least 6 months or more for the workmanship. Besides performing works specified in the
document, vendors will carry out following works if it is not mentioned in the above
attached document:
1. Fire Rate control – Verify factory setting
2. High Limit Safety Control – Manually adjust until switch opens
3. Inspect and clean burner components
4. Pilot, main gas and main oil fuel valves – perform leakage tests
5. Opening control – manually adjust until switch opens
6. Fuel valve inter lock switch testing
7. Burner position interlock testing
8. Low fire interlock testing
9. Pilot turndown test
10. Pressure vessel – clean the boiler tube and change the new gasket
11. Gas Analyzer test & reporting
12. Safety valve test
13. Boiler control test
14. Report on test performed, boiler status before the AMC, list of recommended
spare
15. Replace the ceramic blanket on both sides of both boiler and insure there
is sufficient rope and hand hole gaskets on site.
16. Replace 3-guage which is not functioning properly in boiler room
7.0 Attachments
Attachment A Report of Annual Maintenance Contract completed in 2011 & 2012
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Kathmandu Narrative Report 2012.pdf
AMC report 2011.pdf
Please contact Mr. Mahesh Pudasaini, email: [email protected] for this
attachment file.
7.0. Performance Standards
The Contractor shall schedule all routine maintenance work with the site Facility
Manager to ensure not to disrupt the business operation of the Embassy.
8.0 HOURS OF PERFORMANCE
Hour of performance will be 0800-1700 hours for regular maintenance on weekdays.
When testing or repair requires specialized condition in Boiler system, testing work will be
scheduled in between 0800-1700 hours in weekends.
9.0 ACCESS TO GOVERNMENT BUILDINGS AND STANDARDS OF CONDUCT
9.1 General. The Contractor shall designate a qualified technician authorized to
work on Boiler system with updated certification who shall work and coordinate with
American Embassy. The Contractor‘s employees shall be on-site only for Contractual
duties and not for any other business or purpose. Contractor employee/s shall have
access to all areas that has field devices installed for boiler system with specific
permission by either the Contracting Officer or RSO office.
9.2. Personnel Security. The Government reserves the right to deny access to U.S.-
owned and U.S.-operated facilities to any individual. The Contractor shall provide the
names, duly filled biographic form to Regional Security Office (RSO) on all Contractor
personnel who shall be used on this Contract prior to their utilization. Submission of
information shall be made within 10 days of award of contract.
10.0 Standards of Conduct
10.1 General. The Contractor shall maintain satisfactory standards of employee
competency, conduct, cleanliness, appearance, and integrity and shall be responsible
for taking such disciplinary action with respect to employees as may be necessary.
Each Contractor employee shall adhere to standards of conduct that reflect credit on
themselves, their employer, and the United States Government. The Government
reserves the right to direct the Contractor to remove an employee from the worksite for
failure to comply with the standards of conduct. The Contractor shall immediately
replace such an employee to maintain continuity of services at no additional cost to
the Government.
10.2 Uniforms and Personal Equipment. The Contractor's employees shall wear clean,
neat and complete uniforms when on duty. All employees shall wear uniforms
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approved by the Contracting Officer's Representative (COR). The Contractor shall
provide, to each employee and supervisor, uniforms and personal equipment. The
Contractor shall be responsible for the cost of purchasing, cleaning, pressing, and repair
of the uniforms.
10.3 Neglect of Duties. Neglect of duties shall not be condoned. This includes
sleeping while on duty, unreasonable delays or failures to carry out assigned tasks,
conducting personal affairs during duty hours and refusing to render assistance or
cooperate in upholding the integrity of the worksite security.
10.4 Disorderly Conduct. The Contractor shall not condone disorderly conduct, use of
abusive or offensive language, quarreling, and intimidation by words, actions, or
fighting. Also included is participation in disruptive activities that interfere with normal
and efficient Government operations.
10.5 Intoxicants and Narcotics. The Contractor shall not allow its employees while on
duty to possess, sell, consume, or be under the influence of intoxicants, drugs or
substances which produce similar effects.
10.6 Criminal Actions. Contractor employees may be subject to criminal actions as
allowed by law in certain circumstances. These circumstances include but are not
limited to the following actions: falsification or unlawful concealment, removal,
mutilation, or destruction of any official documents or records or concealment of
material facts by willful omission from official documents or records; unauthorized
use of Government property, theft, vandalism, or immoral conduct; unethical or
improper use of official authority or credentials; security violations; organizing or
participating in gambling in any form; and misuse of weapons.
10.7 Key Control. The Contractor will not be issued any keys. The keys will checked
out from Post 1 by a ―Cleared American‖ escort on the day of service requirements.
11.0 SCHEDULED ROUTINE MAINTENANCE
10.1. General
11.1. The Contractor shall perform preventative maintenance as outlined in Section 1,
Subsection 4 .0 to 6.0―Description/Specification/Work Statement‖. The objective of
scheduled routine maintenance is to eliminate boiler system malfunction, breakdown
and deterioration when units are activated and annual certification of boiler system
11.2. The Contractor shall inventory, report and replace expendable parts that have
become worn down due to wear and tear. The Contractor shall report expendable
and common parts so that these are readily available for normal maintenance by the
US Embassy Kathmandu. The Contractor shall use US Embassy Kathmandu-supplied
parts and consumables
11.3. Exclusion. This contract does NOT include repair of equipment and replacement
of hardware, example bearings, pistons, piston rings, crankshaft, gears until and unless
10
when list of items to be repaired/replaced is specified in the contract . Hardware
replacements will be separately priced out by the Contractor for the Government‘s
approval and acceptance. The Government has the option to accept or reject the
Contractor‘s quote for parts and reserves the right to obtain similar spare parts from
other competitive sources. If required by the Government, the Contractor shall utilize
Government-purchased spare parts, if awarded the work. Such repairs/replacements
will be accomplished by a separate purchase order. However, this exclusion does not
apply if the repair is to correct damage caused by Contractor negligence.
11.4. Replacement/repair of any electronic or electrical parts must be approved by
the COR prior to installation of the part. If the Contractor proceeds to replace any
electronic or electrical parts without COR approval, the Contractor shall de-install the
fire sprinkler system and purchase and install a new fire sprinkler system with same
specifications in its place at no cost to the U.S. Government.
12.0 Checklist Approval
The Contractor shall submit to the COR a schedule and description of the scheduled
routine maintenance tasks which the Contractor plans to provide for this one time
annual maintenance contract for one base year and four option years . The
Contractor shall prepare this schedule and task description in a checklist format for the
COR‘s approval prior to contract work commencement.
12.1. The Contractor shall provide trained technician/s to perform the service at
frequencies stated in this RFP. The technician shall sign off on every item of the checklist
and leave a copy of this signed checklist with the COR or the COR's designate after the
maintenance visit.
12.2. It is the responsibility of the Contractor to perform all manufacturer‘s
recommended preventative maintenance as well as preventative maintenance
recommended by the manufacture technical manuals for the respective equipment.
13.0 PERSONNEL, TOOLS, CONSUMABLE MATERIALS AND SUPPLIES
The Contractor shall provide trained boiler technicians with the appropriate tools and
testing equipment for scheduled maintenance, safety inspection, and safety testing as
required by this Contract.
13.1 Contractor furnished materials will include but not limited to appropriate tools,
testing equipment, safety shoes and apparel for technicians, hands, hearing and eye
protection, MSDS, cleaning material and oil spill containment kit.
The Contractor shall use US Government supplied materials for the Base Year and
recommend USG on what expendables/consumables and minimum spares are
required for next year. USG will supply the recommend expendables to vendor from
second year onward based on their recommendation
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13.2 Government furnished materials. Refer to Section 3 – Solicitation Provisions under
the instruction to offerors for items that will be supplied by USG for the repair that
vendors has to perform in base year.
13.3 Repairs. Repairs are not included in this contract unless and otherwise specified.
Refer to Section 3 – Solicitation Provisions under the instruction to offerors for items that
will be supplied by USG for the repair that vendors has to perform in base year .
13.4. Disposal of used oil, fuel, battery and other toxic substances . The Contractor is
responsible for proper disposal of toxic/hazardous substances. This includes, but is not
limited to; lube oil, fuel oil, filters, coolant, and material such as rags, spill kit containing
HAZMAT materials and thereafter show proof of authorized disposal of these
toxic/hazardous substances.
14. DELIVERABLES
The following items shall be delivered under this contract:
Description QTY Delivery Date Deliver to
Names, biographic data, clearance
level on Contractor personnel who
will be working at site ( Section I, Line
Item # 9)
1 10 days after contract
award
COR
Certificate of Insurance (, Section I.
Line Item # 15.0)
1 10 days after contract
award
CO
Invoice (, Section I, Line Item # 18) 1 After completion of each
maintenance service
COR
Work Report after completion of
Annual Maintenance Contract (as
per requirement on (as per
requirement on Section 1, Subsection
4 .0 ―Description/Specification/Work
Statement‖, # 5.8
1 Within 30 days after
completion of work in hard
copy as well as electronic
format
COR
Provide list of expendable, repair and
consumables that will be required
during next year service and
minimum spares parts to be
maintained, as stated in Line Item #
13.1 – Contractor Furnished material
under Section 1 – The Schedule
1 Within 30 days after
completion of work in hard
copy as well as electronic
format
COR
15.0 INSURANCE REQUIREMENTS
15.1 Personal Injury, Property Loss or Damage (Liability). The Contractor assumes absolute responsibility and liability for any and all personal injuries or death and property damage or losses suffered due to negligence of the Contractor‘s personnel in the performance of this Contract
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The Contractor‘s assumption of absolute liability is independent of any insurance policies. 15.2 Insurance. The Contractor, at its own expense, shall provide and maintain during the entire period of performance of this Contract, whatever insurance is legally necessary. The Contractor shall carry the following minimum insurance: Public Liability Insurance 1. Bodily Injury on or off the site stated in US$. Per Occurrence $5,000.00 Cumulative $50,000.00
2. Property Damage on or off the site in Nepali Rupees:
Per Occurrence US$.5,000.00
Cumulative US$.50,000.00 Workers‘ Compensation and Employer‘s Liability 15.3 Worker's Compensation Insurance. The Contractor agrees to provide all employees with worker's compensation benefits as required under Brunei laws (see FAR 52.228-4 ―Worker‘s Compensation and War-Hazard Insurance Overseas‖). 16.0 LOCAL LAW REGISTRATION
If the local law or decree requires that one or both parties to the contract register the
contract with the designated authorities to insure compliance with this law or decree,
the entire burden of this registration shall rest upon the Contractor. Any local or other
taxes which may be assessed against the Contract shall be payable by the Contractor
without Government reimbursement.
17.0 QUALITY ASSURANCE PLAN (QAP).
17.1 Plan. This plan is designed to provide an effective surveillance method to
promote effective Contractor performance. The QAP provides a method for the
Contracting Officer's Representative (COR) to monitor Contractor performance, advise
the Contractor of unsatisfactory performance, and notify the Contracting Officer of
continued unsatisfactory performance. The Contractor, not the Government, is
responsible for management and quality control to meet the terms of the Contract.
The role of the Government is to conduct quality assurance to ensure that Contract
standards are achieved.
Performance Objective PWS Para Performance Threshold
Services.
Performs all boiler system services set
forth in the performance work statement
(PWS)
1 thru 12 All required services are
performed and no more than
one (1) customer complaint is
received per month
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17.2 Surveillance. The COR will receive and document all complaints from
Government personnel regarding the services provided. If appropriate, the COR will
send the complaints to the Contractor for corrective action.
17.3 Standard. The performance standard is that the Government receives no more
than one (1) customer complaint per month. The COR shall notify the Contracting
Officer of the complaints so that the Contracting Officer may take appropriate action
to enforce the inspection clause (FAR 52.212-4, Contract Terms and Conditions-
Commercial Items), if any of the services exceed the standard.
17.4. Procedures.
17.4.1 If any Government personnel observe unacceptable services, either incomplete
work or required services not being performed, they should immediately contact the
COR.
17.4.2 The COR will complete appropriate documentation to record the complaint.
17.4.3 If the COR determines the complaint is invalid, the COR will advise the
complainant. The COR will retain the annotated copy of the written complaint for
his/her files.
17.4.4 If the COR determines the complaint is valid, the COR will inform the Contractor
and give the Contractor additional time to correct the defect, if additional time is
available. The COR shall determine how much time is reasonable.
17.4.5 The COR shall, as a minimum, orally notify the Contractor of any valid
complaints.
17.4.6 If the Contractor disagrees with the complaint after investigation of the site and
challenges the validity of the complaint, the Contractor will notify the COR. The COR
will review the matter to determine the validity of the complaint.
17.4.7 The COR will consider complaints as resolved unless notified otherwise by the
complainant.
17.4.8. Repeat customer complaints are not permitted for any services. If a repeat
customer complaint is received for the same deficiency during the service period, the
COR will contact the Contracting Officer for appropriate action under the Inspection
clause.
18. SUBMISSION OF INVOICES
The Contractor shall submit an invoice after each preventive maintenance service has
been performed. Invoices must be accompanied by a signed copy of the
Maintenance Checklist for the work performed including parts replacement and break
down calls, if any. No invoice for preventive maintenance services will be considered
for payment unless accompanied by the relevant documentation.
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The Contractor should expect payment 30 days after completion of service or 30 days
after receipt of invoice at the Embassy's payment office, whichever is later. Invoice
shall be sent to:
American Embassy Kathmandu
Attn: Contracting Officer Representative (COR)
Bramha Cottage, Narayan Gopal Sadak,
Maharajgunj, Kathmandu, Nepal.
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SECTION 2 - CONTRACT CLAUSES
FAR 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERICAL ITEMS (FEB 2012), is
incorporated by reference. (See SF-1449, block 27a).
52.212-5 Contract Terms and Conditions Required to Implement Statutes or
Executive Orders—Commercial Items (May 2012)
(a) The Contractor shall comply with the following Federal Acquisition Regulation
(FAR) clauses, which are incorporated in this contract by reference, to implement
provisions of law or Executive orders applicable to acquisitions of commercial items:
(1) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).
___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).
(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-
77, 108-78).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the
Contracting Officer has indicated as being incorporated in this contract by reference
to implement provisions of law or Executive orders applicable to acquisitions of
commercial items:
X__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006),
with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).
__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub.
L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).
__ (3) 52.203-15, Whistleblower Protections under the American Recovery and
Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to
contracts funded by the American Recovery and Reinvestment Act of 2009.)
X__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract
Awards (Feb 2012) (Pub. L. 109-282) (31 U.S.C. 6101 note).
__ (5) 52.204-11, American Recovery and Reinvestment Act—Reporting
Requirements (Jul 2010) (Pub. L. 111-5).
__ (6) 52.209-6, Protecting the Government‘s Interest When Subcontracting with
Contractors Debarred, Suspended, or Proposed for Debarment. (Dec 2010) (31 U.S.C.
6101 note).
__ (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility
Matters (Feb 2012) (41 U.S.C. 2313).
__ (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations
(May 2012) (section 738 of Division C of Pub. L. 112-74, section 740 of Division C of Pub. L.
111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L.
110-161).
__ (9) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011)
(15 U.S.C. 657a).
16
__ (10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business
Concerns (JAN 2011) (if the offeror elects to waive the preference, it shall so indicate in
its offer) (15 U.S.C. 657a).
__ (11) [Reserved]
__ (12)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011)
(15 U.S.C. 644).
__ (ii) Alternate I (Nov 2011).
__ (iii) Alternate II (Nov 2011).
__ (13)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003)
(15 U.S.C. 644).
__ (ii) Alternate I (Oct 1995) of 52.219-7.
__ (iii) Alternate II (Mar 2004) of 52.219-7.
__ (14) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2)
and (3)).
__ (15)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2011)
(15 U.S.C. 637(d)(4)).
__ (ii) Alternate I (Oct 2001) of 52.219-9.
__ (iii) Alternate II (Oct 2001) of 52.219-9.
__ (iv) Alternate III (Jul 2010) of 52.219-9.
__ (16) 52.219-13, Notice of Set-Aside of Orders (Nov 2011)(15 U.S.C. 644(r)).
__ (17) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).
__ (18) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C.
637(d)(4)(F)(i)).
__ (19)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged
Business Concerns (OCT 2008) (10 U.S.C. 2323) (if the offeror elects to waive the
adjustment, it shall so indicate in its offer).
__ (ii) Alternate I (June 2003) of 52.219-23.
__ (20) 52.219-25, Small Disadvantaged Business Participation Program—
Disadvantaged Status and Reporting (Dec 2010) (Pub. L. 103-355, section 7102, and
10 U.S.C. 2323).
__ (21) 52.219-26, Small Disadvantaged Business Participation Program—
Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).
__ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-
Aside (Nov 2011) (15 U.S.C. 657 f).
__ (23) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2012)
(15 U.S.C. 632(a)(2)).
__ (24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-
Owned Small Business (EDWOSB) Concerns (Apr 2012) (15 U.S.C. 637(m)).
__ (25) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB)
Concerns Eligible Under the WOSB Program (Apr 2012) (15 U.S.C. 637(m)).
17
__ (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
X__ (27) 52.222-19, Child Labor—Cooperation with Authorities and Remedies
(Mar 2012) (E.O. 13126).
X__ (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).
X__ (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).
X__ (30) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212).
__ (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010)
(29 U.S.C. 793).
X__ (32) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212).
__ (33) 52.222-40, Notification of Employee Rights Under the National Labor
Relations Act (Dec 2010) (E.O. 13496).
__ (34) 52.222-54, Employment Eligibility Verification (JAN 2009). (Executive Order
12989). (Not applicable to the acquisition of commercially available off-the-shelf items
or certain other types of commercial items as prescribed in 22.1803.)
X__ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for
EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the
acquisition of commercially available off-the-shelf items.)
X__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable
to the acquisition of commercially available off-the-shelf items.)
__ (36) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42
U.S.C. 8259b).
__ (37)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of
Personal Computer Products (DEC 2007) (E.O. 13423).
__ (ii) Alternate I (DEC 2007) of 52.223-16.
X__ (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While
Driving (AUG 2011) (E.O. 13513).
__ (39) 52.225-1, Buy American Act—Supplies (Feb 2009) (41 U.S.C. 10a-10d).
__ (40)(i) 52.225-3, Buy American Act—Free Trade Agreements—Israeli Trade Act
(May 2012) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805
note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-
169, 109-283, 110-138, 112-41, and 112-42).
__ (ii) Alternate I (Mar 2012) of 52.225-3.
__ (iii) Alternate II (Mar 2012) of 52.225-3.
__ (iv) Alternate III (Mar 2012) of 52.225-3.
__ (41) 52.225-5, Trade Agreements (MAY 2012) (19 U.S.C. 2501, et seq.,
19 U.S.C. 3301 note).
X__ (42) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.‘s,
proclamations, and statutes administered by the Office of Foreign Assets Control of the
Department of the Treasury).
18
__ (43) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007)
(42 U.S.C. 5150).
__ (44) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area
(Nov 2007) (42 U.S.C. 5150).
X__ (45) 52.232-29, Terms for Financing of Purchases of Commercial Items
(Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).
__ (46) 52.232-30, Installment Payments for Commercial Items (Oct 1995)
(41 U.S.C. 255(f), 10 U.S.C. 2307(f)).
X__ (47) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor
Registration (Oct 2003) (31 U.S.C. 3332).
X__ (48) 52.232-34, Payment by Electronic Funds Transfer—Other than Central
Contractor Registration (May 1999) (31 U.S.C. 3332).
__ (49) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332).
__ (50) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
__ (51)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels
(Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).
__ (ii) Alternate I (Apr 2003) of 52.247-64.
(52) – 52.249-4 Termination for convenience of the government (Services) (Short
Form) April 1994
(53) – 52.249-8 Default (Fixed- price supply and service) April 1994
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable
to commercial services, that the Contracting Officer has indicated as being
incorporated in this contract by reference to implement provisions of law or Executive
orders applicable to acquisitions of commercial items:
[Contracting Officer check as appropriate.]
__ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).
__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989)
(29 U.S.C. 206 and 41 U.S.C. 351, et seq.).
__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act—Price
Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and
41 U.S.C. 351, et seq.).
__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act—Price
Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).
__ (5) 52.222-51, Exemption from Application of the Service Contract Act to
Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements
(Nov 2007) (41 351, et seq.).
__ (6) 52.222-53, Exemption from Application of the Service Contract Act to
Contracts for Certain Services—Requirements (Feb 2009) (41 U.S.C. 351, et seq.).
19
__ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations
(Mar 2009) (Pub. L. 110-247).
__ (8) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C.
5112(p)(1)).
(d) Comptroller General Examination of Record. The Contractor shall comply with
the provisions of this paragraph (d) if this contract was awarded using other than
sealed bid, is in excess of the simplified acquisition threshold, and does not contain the
clause at 52.215-2, Audit and Records—Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of
the Comptroller General, shall have access to and right to examine any of the
Contractor‘s directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the
records, materials, and other evidence for examination, audit, or reproduction, until
3 years after final payment under this contract or for any shorter period specified in
FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If
this contract is completely or partially terminated, the records relating to the work
terminated shall be made available for 3 years after any resulting final termination
settlement. Records relating to appeals under the disputes clause or to litigation or the
settlement of claims arising under or relating to this contract shall be made available
until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting
procedures and practices, and other data, regardless of type and regardless of form.
This does not require the Contractor to create or maintain any record that the
Contractor does not maintain in the ordinary course of business or pursuant to a
provision of law.
(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c),
and (d) of this clause, the Contractor is not required to flow down any FAR clause, other
than those in this paragraph (e)(1) in a subcontract for commercial items. Unless
otherwise indicated below, the extent of the flow down shall be as required by the
clause—
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L.
110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).
(ii) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (15 U.S.C. 637(d)(2)
and (3)), in all subcontracts that offer further subcontracting opportunities. If the
subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5
million for construction of any public facility), the subcontractor must include 52.219-8 in
lower tier subcontracts that offer subcontracting opportunities.
(iii) [Reserved]
(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).
(v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).
20
(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010)
(29 U.S.C. 793).
(vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations
Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of
FAR clause 52.222-40.
(viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).
(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).
___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).
(x) 52.222-51, Exemption from Application of the Service Contract Act to
Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements
(Nov 2007) (41 U.S.C. 351, et seq.).
(xi) 52.222-53, Exemption from Application of the Service Contract Act to
Contracts for Certain Services-Requirements (Feb 2009) (41 U.S.C. 351, et seq.).
(xii) 52.222-54, Employment Eligibility Verification (JAN 2009).
(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations
(Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of
FAR clause 52.226-6.
(xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels
(Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in
accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the contractor may include in its subcontracts for
commercial items a minimal number of additional clauses necessary to satisfy its
contractual obligations.
(End of clause)
ADDENDUM TO CONTRACT CLAUSES
FAR AND DOSAR CLAUSES NOT PRESCRIBED IN PART 12
52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same
force and effect as if they were given in full text. Upon request, the Contracting Officer
will make their full text available. Also, the full text of a clause may be accessed
electronically at:
http://acquisition.gov/far/index.html or, http://farsite.hill.af.mil/search.htm
These addresses are subject to change. If the Federal Acquisition Regulation (FAR) is
not available at the locations indicated above, use http://www.arnet.gov/far/ to see
the links to the FAR. You may also use an Internet ―search engine‖ (e.g., Yahoo, Excite,
Alta Vista, etc.) to obtain the latest location of the most current FAR.
21
The following Federal Acquisition Regulation clauses are incorporated by reference:
Clause Title and Date
[Note to Contracting Officer: if contractor personnel on USG property add below
clause]
52.204-9 PERSONAL IDENTIFICATION VERIFICATION OF CONTRACTOR PERSONNEL
(JAN 2011)
52.225-14 Inconsistency Between English Version And Translation Of Contract
(FEB 2000)
52.228-4 Workers‘ Compensation And War-Hazard Insurance Overseas
(APR 1984)
52.228-5 Insurance - Work On A Government Installation (JAN 1997)
52.232-34 Payment by Electronic Funds Transfer -- Other than Central
Contractor Registration (MAY 1999)
The following FAR clauses are provided in full text:
52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)
The Government may require continued performance of any services within the limits
and at the rates specified in the contract. The option provision may be exercised more
than once, but the total extension of performance hereunder shall not exceed 6
months. The Contracting Officer may exercise the option by written notice to the
Contractor within the performance period of the contract.
52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)
(a) The Government may extend the term of this contract by written notice to
the Contractor within the performance period of the contract or within 30 days
after funds for the option year become available, whichever is later.
(b) If the Government exercises this option, the extended contract shall be
considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options
under this clause, shall not exceed five years.
52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR. (APR 1984)
Funds are not presently available for performance under this contract beyond
[Note to Contracting Officer: insert date such as ―September 30th‖]. The Government's
obligation for performance of this contract beyond that date is contingent upon the
availability of appropriated funds from which payment for contract purposes can be
made. No legal liability on the part of the Government for any payment may arise for
22
performance under this contract beyond September 30, until funds are made available
to the Contracting Officer for performance and until the Contractor receives notice of
availability, to be confirmed in writing by the Contracting Officer.
The following DOSAR clauses are provided in full text:
652.204-70 DEPARTMENT OF STATE PERSONAL IDENTIFICATION CARD ISSUANCE (MAY
2011)
(a) The Contractor shall comply with the Department of State (DOS) Personal
Identification Card Issuance Procedures for all employees performing under this
contract who require frequent and continuing access to DOS facilities, or information
systems. The Contractor shall insert this clause in all subcontracts when the
subcontractor‘s employees will require frequent and continuing access to DOS facilities,
or information systems.
(b) The DOS Personal Identification Card Issuance Procedures may be accessed at
http://www.state.gov/m/ds/rls/rpt/c21664.htm .
(End of clause)
CONTRACTOR IDENTIFICATION (JULY 2008)
Contract performance may require contractor personnel to attend meetings with
government personnel and the public, work within government offices, and/or utilize
government email.
Contractor personnel must take the following actions to identify themselves as non-
federal employees:
1) Use an email signature block that shows name, the office being supported and
company affiliation (e.g. ―John Smith, Office of Human Resources, ACME
Corporation Support Contractor‖);
2) Clearly identify themselves and their contractor affiliation in meetings;
3) Identify their contractor affiliation in Departmental e-mail and phone listings
whenever contractor personnel are included in those listings; and
4) Contractor personnel may not utilize Department of State logos or indicia on
business cards.
(End of clause)
652.232-70 PAYMENT SCHEDULE AND INVOICE SUBMISSION (FIXED-PRICE) (AUG 1999)
(a) General. The Government shall pay the Contractor as full compensation
for all work required, performed, and accepted under this contract the firm
fixed-price stated in this contract.
23
b) Invoice Submission. The Contractor shall submit invoices in an original and
two duplicate copies to the office identified in Block 18b of the SF-1449. To
constitute a proper invoice, the invoice shall include all the items required by FAR
32.905(e).
The Contractor shall show Value Added Tax (VAT) as a separate item on invoices
submitted for payment if applicable.
(b) The COR for this contract is Mr. Jesse J Connelly, Facility Manager
All questions concerning the scope and requirements of this contract shall be
directed to Contracting Officer Representative ( COR).
COR for this contract is
Mr. Jesse J. Connelly
Facility Manager
U.S. Embassy, Kathmandu, Nepal
Email: [email protected]
The Point of Contact (POC) will be contractor‘s contact at U.S. Embassy ,
Kathmandu. The POC will assist and direct the contractor when scheduling work,
obtained approved local supplies and liaison with Facility Management crew
during the course of the project. All question concerning coordination of
installation/testing activities while at Post shall be directed to the POC below
Mr. Pramod Timilsina
Facility Engineer
U.S. Embassy, Kathmandu, Nepal
Email: [email protected]
(c) Contractor Remittance Address. The Government will make payment to
the Contractor‘s address stated on the cover page of this contract, unless a
separate remittance address is shown below:
_________________________________________________________________
_________________________________________________________________
__________________________________________________________________
652.237-71 - IDENTIFICATION/BUILDING PASS (APR 2004)
652.237-72 OBSERVANCE OF LEGAL HOLIDAYS AND ADMINISTRATIVE LEAVE (APR 2004)
(a) The Department of State observes the following days as holidays:
American Holidays Nepali Holidays
New Year's day (Jan 02, 2012) Phagu Purnima (Mar 07, 2012)
Martin Luther King‘s Nepali New Year (Apr 13, 2012)
Jr. ‗s Birthday (Jan 16, 2012) Buddha Jayanti (May 17, 2012)
President Day (Feb 20, 2012) Maha Astami (Oct 22, 2012)
24
Memorial Day (May 28, 2012) Maha Nawami (Oct 23, 2012
Independence Day (July 04, 2012) Bijaya Dashami (Oct 24, 2012)
Labor Day (Sep 03, 2012) Ekadashi (Oct 25, 2012)
Columbus Day (Oct 08, 2012) laxmi Puja (Nov 13, 2012)
Veteran‘s Day (Nov 12, 2012) Gai Tihar (Nov 14, 2012)
Thanksgiving Day (Nov 22, 2012) Gobardhan Puja (Nov 15, 2012)
Christmas Day (Dec 25, 2012) Bhaitika (Nov 16, 2012)
Any other day designated by Federal law, Executive Order, or Presidential
Proclamation.
(b) When any such day falls on a Saturday or Sunday, the following Monday is
observed. Observance of such days by Government personnel shall not be cause for
additional period of performance or entitlement to compensation except as set forth in
the contract. If the contractor‘s personnel work on a holiday, no form of holiday or
other premium compensation will be reimbursed either as a direct or indirect cost,
unless authorized pursuant to an overtime clause elsewhere in this contract.
652.242-70 CONTRACTING OFFICER'S REPRESENTATIVE (COR) (AUG 1999)
(a) The Contracting Officer may designate in writing one or more Government
employees, by name or position title, to take action for the Contracting Officer under
this contract. Each designee shall be identified as a Contracting Officer‘s
Representative (COR). Such designation(s) shall specify the scope and limitations of the
authority so delegated; provided, that the designee shall not change the terms or
conditions of the contract, unless the COR is a warranted Contracting Officer and this
authority is delegated in the designation.
(b) The COR for this contract is Mr. Jesse J Connelly, Facility Manager
All questions concerning the scope and requirements of this contract shall be
directed to Contracting Officer Representative ( COR).
COR for this contract is
Mr. Jesse J. Connelly
Facility Manager
U.S. Embassy, Kathmandu, Nepal
Email: [email protected]
The Point of Contact (POC) will be contractor‘s contact at U.S. Embassy ,
Kathmandu. The POC will assist and direct the contractor when scheduling work,
obtained approved local supplies and liaison with Facility Management crew
during the course of the project. All question concerning coordination of
installation/testing activities while at Post shall be directed to the POC below
Mr. Pramod Timilsina
Facility Engineer
U.S. Embassy, Kathmandu, Nepal
25
Email: [email protected]
652.225-71 SECTION 8(A) OF THE EXPORT ADMINISTRATION ACT OF 1979, AS AMENDED
(AUG 1999)
(a) Section 8(a) of the U.S. Export Administration Act of 1979, as amended (50 U.S.C.
2407(a)), prohibits compliance by U.S. persons with any boycott fostered by a foreign
country against a country which is friendly to the United States and which is not itself the
object of any form of boycott pursuant to United States law or regulation. The Boycott
of Israel by Arab League countries is such a boycott, and therefore, the following
actions, if taken with intent to comply with, further, or support the Arab League Boycott
of Israel, are prohibited activities under the Export Administration Act:
(1) Refusing, or requiring any U.S. person to refuse to do business with or in Israel,
with any Israeli business concern, or with any national or resident of Israel, or with
any other person, pursuant to an agreement of, or a request from or on behalf of
a boycotting country;
(2) Refusing, or requiring any U.S. person to refuse to employ or otherwise
discriminating against any person on the basis of race, religion, sex, or national
origin of that person or of any owner, officer, director, or employee of such
person;
(3) Furnishing information with respect to the race, religion, or national origin of
any U.S. person or of any owner, officer, director, or employee of such U.S. person;
(4) Furnishing information about whether any person has, has had, or proposes
to have
any business relationship (including a relationship by way of sale, purchase, legal
or
commercial representation, shipping or other transport, insurance, investment, or
supply) with or in the State of Israel, with any business concern organized under
the laws of the State of Israel, with any Israeli national or resident, or with any
person which is known or believed to be restricted from having any business
relationship with or in Israel;
(5) Furnishing information about whether any person is a member of, has made
contributions to, or is otherwise associated with or involved in the activities of any
charitable or fraternal organization which supports the State of Israel; and,
(6) Paying, honoring, confirming, or otherwise implementing a letter of credit
which contains any condition or requirement against doing business with the
State of Israel.
(b) Under Section 8(a), the following types of activities are not forbidden ``compliance
with the boycott,'' and are therefore exempted from Section 8(a)'s prohibitions listed in
paragraphs
26
(a)(1)-(6) above:
(1) Complying or agreeing to comply with requirements:
(i) Prohibiting the import of goods or services from Israel or goods
produced or services provided by any business concern organized under
the laws of Israel or by nationals or residents of Israel; or,
(ii) Prohibiting the shipment of goods to Israel on a carrier of Israel, or by a
route other than that prescribed by the boycotting country or the
recipient of the shipment;
(2) Complying or agreeing to comply with import and shipping document
requirements with respect to the country of origin, the name of the carrier and
route of shipment, the name of the supplier of the shipment or the name of the
provider of other services, except that no information knowingly furnished or
conveyed in response to such requirements may be stated in negative,
blacklisting, or similar exclusionary terms, other than with respect to carriers or
route of shipments as may be permitted by such regulations in order to comply
with precautionary requirements protecting against war risks and confiscation;
(3) Complying or agreeing to comply in the normal course of business with
the unilateral and specific selection by a boycotting country, or national or
resident thereof, of carriers, insurance, suppliers of services to be performed within
the boycotting country or specific goods which, in the normal course of business,
are identifiable by source when imported into the boycotting country;
(4) Complying or agreeing to comply with the export requirements of the
boycotting country relating to shipments or transshipments of exports to Israel, to
any business concern of or organized under the laws of Israel, or to any national
or resident of Israel;
(5) Compliance by an individual or agreement by an individual to comply
with the immigration or passport requirements of any country with respect to such
individual or any member of such individual's family or with requests for
information regarding requirements of employment of such individual within the
boycotting country; and,
(6) Compliance by a U.S. person resident in a foreign country or agreement
by such person to comply with the laws of that country with respect to his or her
activities exclusively therein, and such regulations may contain exceptions for
such resident complying with the laws or regulations of that foreign country
governing imports into such country of trademarked, trade named, or similarly
specifically identifiable products, or components of products for his or her own
use, including the performance of contractual services within that country, as
may be defined by such regulations.
652.242-73 AUTHORIZATION AND PERFORMANCE (AUG 1999)
27
(a) The Contractor warrants the following:
(1) That is has obtained authorization to operate and do business in the
country or countries in which this contract will be performed;
(2) That is has obtained all necessary licenses and permits required to perform
this contract; and,
(3) That it shall comply fully with all laws, decrees, labor standards, and
regulations of said country or countries during the performance of this contract.
(b) If the party actually performing the work will be a subcontractor or joint venture
partner, then such subcontractor or joint venture partner agrees to the requirements of
paragraph (a) of
this clause.
652.229-70 EXCISE TAX EXEMPTION STATEMENT FOR CONTRACTORS WITHIN THE UNITED
STATES (JUL 1988)
This is to certify that the item(s) covered by this contract is/are for export solely for the
use of the U.S. Foreign Service Post identified in the contract schedule.
The Contractor shall use a photocopy of this contract as evidence of intent to export.
Final proof of exportation may be obtained from the agent handling the shipment.
Such proof shall be accepted in lieu of payment of excise tax.
652.228-71 WORKERS’ COMPENSATION INSURANCE (DEFENSE BASE ACT)--SERVICES (JUN
2006)
28
SECTION 3 – SOLICITATION PROVISIONS
FAR 52.212-1, Instructions to Offerors -- Commercial Items (FEB 2012), is incorporated by
reference. (See SF-1449, block 27a).
ADDENDUM TO 52.212-1
A. Summary of instructions: Each offer must consist of the following:
1. A completed solicitation, in which the SF-1449 cover page (blocks 12, 17, 19-24,
and 30 as appropriate), and Section 1 has been filled out.
2. Information demonstrating the quoter‘s ability to perform, including:
(a) Name of a Project Manager (or other liaison to the Embassy/Consulate) who
understands written and spoken English;
(b) Evidence that the quoter operates an established business with a permanent
address and telephone listing;
(c) List of clients, demonstrating prior experience with relevant past performance
information and references;
(d) Evidence that the quoter can provide the necessary personnel, equipment,
and financial resources needed to perform the work;
(e) Evidence that the quoter has all licenses and permits required by local law
(see DOSAR 652.242-73 in Section 2).
(f) Following U.S. Government furnished parts needs to be replaced and tested
when performing this contract :
1xTemp gauge 937-00706
4x hand hole gaskets 853-973
29
120ft 1/4 rope gasket 853-348
1x Low water cut off probe Model 750 part no 176203
32ft x 1/2 rope gasket
30ft x 16" ceramic blanket
If required by the solicitation, the quoter shall provide either:
(a) a copy of the Certificate of Insurance, or
(b) a statement that the offeror, if awarded the contract, will get the
required insurance, and the name of the insurance provider to be used.
30
ADDENDUM TO SOLICITATION PROVISIONS
FAR AND DOSAR PROVISIONS NOT PRESCRIBED IN PART 12
52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)
This solicitation incorporates one or more solicitation provisions by reference, with
the same force and effect as if they were given in full text. Upon request, the
Contracting Officer will make their full text available. Also, the full text of a clause may
be accessed electronically at:
http://acquisition.gov/far/index.html/ or http://farsite.hill.af.mil/search.htm
These addresses are subject to change. IF the FAR is not available at the locations
indicated above, use of an Internet ―search engine‖ (e.g., Yahoo, Infoseek, Alta Vista,
etc.) is suggested to obtain the latest location of the most current FAR provisions.
The following Federal Acquisition Regulation solicitation provisions are incorporated by
reference:
Clause Title and Date
52.204-6 Contractor Identification Number -- Data Universal Numbering
System
(DUNS) Number (APR 2008)
52.214-34 Submission of Offers in the English Language (APR 1991)
52.237-1 Site Visit (APR 1984) ―Reserved‖
The site visit will be held on ______(date) at _____ (local time) at ___________ (location).
Prospective offerors/quoters should contact ______________ for additional information or
to arrange entry to the building.
The following DOSAR provisions are provided in full text:
652.206-70 COMPETITION ADVOCATE/OMBUDSMAN (AUG 1999) (DEVIATION)
(a) The Department of State‘s Competition Advocate is responsible for assisting industry
in removing restrictive requirements from Department of State solicitations and
removing barriers to full and open competition and use of commercial items. If such
a solicitation is considered competitively restrictive or does not appear properly
conducive to competition and commercial practices, potential offerors are
encouraged to first contact the contracting office for the respective solicitation. If
concerns remain unresolved, contact the Department of State Competition
Advocate on (703) 516-1693, by fax at (703) 875-6155, or write to: U.S. Department of
State, Competition Advocate, Office of the Procurement Executive (A/OPE), Suite
900, SA-27, Washington, DC 20522-2712.
31
(b) The Department of State‘s Acquisition Ombudsman has been appointed to hear
concerns from potential offerors and contractors during the pre-award and post-
award phases of this acquisition. The role of the ombudsman is not to diminish the
authority of the contracting officer, the Technical Evaluation Panel or Source
Evaluation Board, or the selection official. The purpose of the ombudsman is to
facilitate the communication of concerns, issues, disagreements, and
recommendations of interested parties to the appropriate Government personnel,
and work to resolve them. When requested and appropriate, the ombudsman will
maintain strict confidentiality as to the source of the concern. The ombudsman does
not participate in the evaluation of proposals, the source selection process, or the
adjudication of formal contract disputes. Interested parties are invited to contact
the contracting activity ombudsman, Katelyn Choe, 0097714007200. For an
American Embassy or overseas post, refer to the numbers below for the Department
Acquisition Ombudsman. Concerns, issues, disagreements, and recommendations
which cannot be resolved at a contracting activity level may be referred to the
Department of State Acquisition Ombudsman at (703) 516-1693, by fax at (703) 875-
6155, or write to: Department of State, Acquisition Ombudsman, Office of the
Procurement Executive (A/OPE), Suite 900, SA-27, Washington, DC 20522-2712.
Acquisition Method: The Government is conducting this acquisition using the simplified
acquisition procedures in Part 13 of the Federal Acquisition Regulation (FAR). If the
dollar amount exceeds the simplified acquisition threshold, then the Government will be
using the test program for commercial items authorized by Subpart 13.5 of the FAR.
652.228-74 DEFENSE BASE ACT INSURANCE RATES – LIMITATION (JUNE 2006) (DEVIATION)]
32
SECTION 4 - EVALUATION FACTORS
Award will be made to the lowest priced, acceptable, responsible quoter. The quoter
shall submit a completed solicitation, including Sections 1 and 5.
The Government will perform an initial review of proposals/quotations received to
determine compliance with the terms of the solicitation. The Government may reject
as unacceptable proposals/quotations which do not conform to the solicitation.
Technical Acceptability. Technical acceptability will include a review of past
performance and experience as defined in Section 3, along with any technical
information provided by the offeror with its proposal/quotation.
The Government reserves the right to reject proposals that are unreasonably low or high
in price.
The lowest price will be determined by multiplying the offered prices times the
estimated quantities in ―Prices - Continuation of SF-1449, block 23‖, and arriving at a
grand total, including all options, if any.
The Government will determine quoter acceptability will be determined by assessing
the quoter's compliance with the terms of the RFQ.
The Government will determine quoter responsibility by analyzing whether the apparent
successful quoter complies with the requirements of FAR 9.1, including:
adequate financial resources or the ability to obtain them;
ability to comply with the required performance period, taking into
consideration all existing commercial and governmental business commitments;
satisfactory record of integrity and business ethics;
necessary organization, experience, and skills or the ability to obtain them;
necessary equipment and facilities or the ability to obtain them; and
otherwise qualified and eligible to receive an award under applicable laws and
regulations.
CV of authorized Cleaver Brooks certified technician for work on FLX 400 series of
boiler.
ADDENDUM TO EVALUATION FACTORS
FAR AND DOSAR PROVISION(S) NOT PRESCRIBED IN PART 12
The following FAR provisions are provided in full text:
52.217-5 EVALUATION OF OPTIONS (JUL 1990)
The Government will evaluate offers for award purposes by adding the total
price for all options to the total price for the basic requirement. Evaluation of options
will not obligate the Government to exercise the option(s).
33
FAR 52.225-17 EVALUATION OF FOREIGN CURRENCY OFFERS (FEB 2000):
If the Government receives offers in more than one currency, the Government
will evaluate offers by converting the foreign currency to United States currency using
the exchange rate used by the Embassy in effect as follows:
(a) For acquisitions conducted using sealed bidding procedures, on the date of
bid opening.
(b) For acquisitions conducted using negotiation procedures—
(1) On the date specified for receipt of offers, if award is based on initial
offers; otherwise
(2) On the date specified for receipt of proposal revisions.
34
SECTION 5 - REPRESENTATIONS AND CERTIFICATIONS
0 52.212-3 Offeror Representations and Certifications—Commercial Items (APR 2012).
An offeror shall complete only paragraph (b) of this provision if the offeror has
completed the annual representations and certifications electronically via
https://www.acquisition.gov. If an offeror has not completed the annual
representations and certifications electronically at the ORCA website, the offeror shall
complete only paragraphs (c) through (o) of this provision.
(a) Definitions. As used in this provision—
―Economically disadvantaged women-owned small business (EDWOSB) concern‖
means a small business concern that is at least 51 percent directly and unconditionally
owned by, and the management and daily business operations of which are controlled
by, one or more women who are citizens of the United States and who are
economically disadvantaged in accordance with 13 CFR part 127. It automatically
qualifies as a women-owned small business eligible under the WOSB Program.
―Forced or indentured child labor‖ means all work or service—
(1) Exacted from any person under the age of 18 under the menace of any
penalty for its nonperformance and for which the worker does not offer himself
voluntarily; or
(2) Performed by any person under the age of 18 pursuant to a contract the
enforcement of which can be accomplished by process or penalties.
―Inverted domestic corporation‖, as used in this section, means a foreign
incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C.
395(b), i.e., a corporation that used to be incorporated in the United States, or used to
be a partnership in the United States, but now is incorporated in a foreign country, or is
a subsidiary whose parent corporation is incorporated in a foreign country, that meets
the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and
definitions of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does
not meet the definition of an inverted domestic corporation as defined by the Internal
Revenue Code at 26 U.S.C. 7874.
―Manufactured end product‖ means any end product in Federal Supply Classes
(FSC) 1000-9999, except—
(1) FSC 5510, Lumber and Related Basic Wood Materials;
(2) Federal Supply Group (FSG) 87, Agricultural Supplies;
(3) FSG 88, Live Animals;
(4) FSG 89, Food and Related Consumables;
(5) FSC 9410, Crude Grades of Plant Materials;
(6) FSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
35
(8) FSC 9610, Ores;
(9) FSC 9620, Minerals, Natural and Synthetic; and
(10) FSC 9630, Additive Metal Materials.
―Place of manufacture‖ means the place where an end product is assembled out of
components, or otherwise made or processed from raw materials into the finished
product that is to be provided to the Government. If a product is disassembled and
reassembled, the place of reassembly is not the place of manufacture.
―Restricted business operations‖ means business operations in Sudan that include
power production activities, mineral extraction activities, oil-related activities, or the
production of military equipment, as those terms are defined in the Sudan
Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business
operations do not include business operations that the person (as that term is defined in
Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the
business can demonstrate—
(1) Are conducted under contract directly and exclusively with the regional
government of southern Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign
Assets Control in the Department of the Treasury, or are expressly exempted under
Federal law from the requirement to be conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized
peacekeeping force or humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or
education; or
(6) Have been voluntarily suspended.
―Sensitive technology‖—
(1) Means hardware, software, telecommunications equipment, or any other
technology that is to be used specifically—
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the
President does not have the authority to regulate or prohibit pursuant to section
203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).
―Service-disabled veteran-owned small business concern‖—
(1) Means a small business concern—
(i) Not less than 51 percent of which is owned by one or more service-disabled
veterans or, in the case of any publicly owned business, not less than 51 percent of the
stock of which is owned by one or more service-disabled veterans; and
36
(ii) The management and daily business operations of which are controlled by
one or more service-disabled veterans or, in the case of a service-disabled veteran with
permanent and severe disability, the spouse or permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a
disability that is service-connected, as defined in 38 U.S.C. 101(16).
―Small business concern‖ means a concern, including its affiliates, that is
independently owned and operated, not dominant in the field of operation in which it
is bidding on Government contracts, and qualified as a small business under the criteria
in 13 CFR Part 121 and size standards in this solicitation.
―Subsidiary‖ means an entity in which more than 50 percent of the entity is owned—
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
―Veteran-owned small business concern‖ means a small business concern—
(1) Not less than 51 percent of which is owned by one or more veterans (as defined
at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than
51 percent of the stock of which is owned by one or more veterans; and
(2) The management and daily business operations of which are controlled by one
or more veterans.
―Women-owned business concern‖ means a concern which is at least 51 percent
owned by one or more women; or in the case of any publicly owned business, at least
51 percent of its stock is owned by one or more women; and whose management and
daily business operations are controlled by one or more women.
―Women-owned small business concern‖ means a small business concern—
(1) That is at least 51 percent owned by one or more women; or, in the case of any
publicly owned business, at least 51 percent of the stock of which is owned by one or
more women; and
(2) Whose management and daily business operations are controlled by one or
more women.
―Women-owned small business (WOSB) concern eligible under the WOSB Program‖
(in accordance with 13 CFR part 127), means a small business concern that is at least 51
percent directly and unconditionally owned by, and the management and daily
business operations of which are controlled by, one or more women who are citizens of
the United States.
(b)
(1) Annual Representations and Certifications. Any changes provided by the
offeror in paragraph (b)(2) of this provision do not automatically change the
representations and certifications posted on the Online Representations and
Certifications Application (ORCA) website.
(2) The offeror has completed the annual representations and certifications
electronically via the ORCA website accessed through https://www.acquisition.gov.
37
After reviewing the ORCA database information, the offeror verifies by submission of this
offer that the representations and certifications currently posted electronically at FAR
52.212-3, Offeror Representations and Certifications—Commercial Items, have been
entered or updated in the last 12 months, are current, accurate, complete, and
applicable to this solicitation (including the business size standard applicable to the
NAICS code referenced for this solicitation), as of the date of this offer and are
incorporated in this offer by reference (see FAR 4.1201), except for paragraphs
______________.
[Offeror to identify the applicable paragraphs at (c) through (o) of this provision that
the offeror has completed for the purposes of this solicitation only, if any.
These amended representation(s) and/or certification(s) are also incorporated in this
offer and are current, accurate, and complete as of the date of this offer.
Any changes provided by the offeror are applicable to this solicitation only, and do
not result in an update to the representations and certifications posted electronically on
ORCA.]
(c) Offerors must complete the following representations when the resulting contract
will be performed in the United States or its outlying areas. Check all that apply.
―RESERVED‖
(1) Small business concern. The offeror represents as part of its offer that it o is, o is
not a small business concern.
(2) Veteran-owned small business concern. [Complete only if the offeror
represented itself as a small business concern in paragraph (c)(1) of this provision.] The
offeror represents as part of its offer that it o is, o is not a veteran-owned small business
concern.
(3) Service-disabled veteran-owned small business concern. [Complete only if the
offeror represented itself as a veteran-owned small business concern in
paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it o is,
o is not a service-disabled veteran-owned small business concern.
(4) Small disadvantaged business concern. [Complete only if the offeror
represented itself as a small business concern in paragraph (c)(1) of this provision.] The
offeror represents, for general statistical purposes, that it o is, o is not a small
disadvantaged business concern as defined in 13 CFR 124.1002.
(5) Women-owned small business concern. [Complete only if the offeror
represented itself as a small business concern in paragraph (c)(1) of this provision.] The
offeror represents that it o is, o is not a women-owned small business concern.
(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror
represented itself as a women-owned small business concern in paragraph (c)(5) of this
provision.] The offeror represents that—
38
(i) It o is,o is not a WOSB concern eligible under the WOSB Program, has provided
all the required documents to the WOSB Repository, and no change in circumstances
or adverse decisions have been issued that affects its eligibility; and
(ii) It o is, o is not a joint venture that complies with the requirements of 13 CFR
part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for
each WOSB concern eligible under the WOSB Program participating in the joint venture.
[The offeror shall enter the name or names of the WOSB concern eligible under the
WOSB Program and other small businesses that are participating in the joint venture:
__________.] Each WOSB concern eligible under the WOSB Program participating in the
joint venture shall submit a separate signed copy of the WOSB representation.
(7) Economically disadvantaged women-owned small business (EDWOSB) concern.
[Complete only if the offeror represented itself as a WOSB concern eligible under the
WOSB Program in (c)(6) of this provision.] The offeror represents that—
(i) It o is, o is not an EDWOSB concern, has provided all the required documents
to the WOSB Repository, and no change in circumstances or adverse decisions have
been issued that affects its eligibility; and
(ii) It o is, o is not a joint venture that complies with the requirements of 13 CFR
part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for
each EDWOSB concern participating in the joint venture. [The offeror shall enter the
name or names of the EDWOSB concern and other small businesses that are
participating in the joint venture: __________.] Each EDWOSB concern participating in
the joint venture shall submit a separate signed copy of the EDWOSB representation.
Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to
exceed the simplified acquisition threshold.
(8) Women-owned business concern (other than small business concern).
[Complete only if the offeror is a women-owned business concern and did not
represent itself as a small business concern in paragraph (c)(1) of this provision.] The
offeror represents that it o is a women-owned business concern.
(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small
business offerors may identify the labor surplus areas in which costs to be incurred on
account of manufacturing or production (by offeror or first-tier subcontractors) amount
to more than 50 percent of the contract price:____________________________________
(10) [Complete only if the solicitation contains the clause at FAR 52.219-23, Notice
of Price Evaluation Adjustment for Small Disadvantaged Business Concerns, or
FAR 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged
Status and Reporting, and the offeror desires a benefit based on its disadvantaged
status.]
(i) General. The offeror represents that either—
(A) It o is, o is not certified by the Small Business Administration as a small
disadvantaged business concern and identified, on the date of this representation, as a
39
certified small disadvantaged business concern in the CCR Dynamic Small Business
Search database maintained by the Small Business Administration, and that no material
change in disadvantaged ownership and control has occurred since its certification,
and, where the concern is owned by one or more individuals claiming disadvantaged
status, the net worth of each individual upon whom the certification is based does not
exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR
124.104(c)(2); or
(B) It o has, o has not submitted a completed application to the Small Business
Administration or a Private Certifier to be certified as a small disadvantaged business
concern in accordance with 13 CFR 124, Subpart B, and a decision on that application
is pending, and that no material change in disadvantaged ownership and control has
occurred since its application was submitted.
(ii) o Joint Ventures under the Price Evaluation Adjustment for Small
Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a
joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the
representation in paragraph (c)(10)(i) of this provision is accurate for the small
disadvantaged business concern that is participating in the joint venture. [The offeror
shall enter the name of the small disadvantaged business concern that is participating
in the joint venture: ________________.]
(11) HUBZone small business concern. [Complete only if the offeror represented
itself as a small business concern in paragraph (c)(1) of this provision.] The offeror
represents, as part of its offer, that—
(i) It o is, o is not a HUBZone small business concern listed, on the date of this
representation, on the List of Qualified HUBZone Small Business Concerns maintained by
the Small Business Administration, and no material changes in ownership and control,
principal office, or HUBZone employee percentage have occurred since it was certified
in accordance with 13 CFR Part 126; and
(ii) It o is, o is not a HUBZone joint venture that complies with the requirements of
13 CFR Part 126, and the representation in paragraph (c)(11)(i) of this provision is
accurate for each HUBZone small business concern participating in the HUBZone joint
venture. [The offeror shall enter the names of each of the HUBZone small business
concerns participating in the HUBZone joint venture: __________.] Each HUBZone small
business concern participating in the HUBZone joint venture shall submit a separate
signed copy of the HUBZone representation.
(d) Representations required to implement provisions of Executive Order 11246—
―RESERVED‖
(1) Previous contracts and compliance. The offeror represents that—
(i) It o has, o has not participated in a previous contract or subcontract subject
to the Equal Opportunity clause of this solicitation; and
(ii) It o has, o has not filed all required compliance reports.
40
(2) Affirmative Action Compliance. The offeror represents that—
(i) It o has developed and has on file, o has not developed and does not have
on file, at each establishment, affirmative action programs required by rules and
regulations of the Secretary of Labor (41 cfr parts 60-1 and 60-2), or
(ii) It o has not previously had contracts subject to the written affirmative action
programs requirement of the rules and regulations of the Secretary of Labor.
(e) Certification Regarding Payments to Influence Federal Transactions
(31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By
submission of its offer, the offeror certifies to the best of its knowledge and belief that no
Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress or an employee of a Member
of Congress on his or her behalf in connection with the award of any resultant contract.
If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying
contact on behalf of the offeror with respect to this contract, the offeror shall complete
and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to
provide the name of the registrants. The offeror need not report regularly employed
officers or employees of the offeror to whom payments of reasonable compensation
were made.
(f) Buy American Act Certificate. (Applies only if the clause at Federal Acquisition
Regulation (FAR) 52.225-1, Buy American Act—Supplies, is included in this solicitation.)
―RESERVED‖
(1) The offeror certifies that each end product, except those listed in paragraph
(f)(2) of this provision, is a domestic end product and that for other than COTS items, the
offeror has considered components of unknown origin to have been mined, produced,
or manufactured outside the United States. The offeror shall list as foreign end products
those end products manufactured in the United States that do not qualify as domestic
end products, i.e., an end product that is not a COTS item and does not meet the
component test in paragraph (2) of the definition of ―domestic end product.‖ The terms
―commercially available off-the-shelf (COTS) item‖ ―component,‖ ―domestic end
product,‖ ―end product,‖ ―foreign end product,‖ and ―United States‖ are defined in the
clause of this solicitation entitled ―Buy American Act—Supplies.‖
(2) Foreign End Products:
Line Item No. Country of Origin
______________ _________________
______________ _________________
______________ _________________
[List as necessary]
41
(3) The Government will evaluate offers in accordance with the policies and
procedures of FAR Part 25.
(g)(1) Buy American Act—Free Trade Agreements—Israeli Trade Act Certificate.
(Applies only if the clause at FAR 52.225-3, Buy American Act—Free Trade
Agreements—Israeli Trade Act, is included in this solicitation.) ―RESERVED‖
(i) The offeror certifies that each end product, except those listed in paragraph
(g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than
COTS items, the offeror has considered components of unknown origin to have been
mined, produced, or manufactured outside the United States. The terms ―Bahrainian,
Moroccan, Omani, or Peruvian end product,‖ ―commercially available off-the-shelf
(COTS) item,‖ ―component,‖ ―domestic end product,‖ ―end product,‖ ―foreign end
product,‖ ―Free Trade Agreement country,‖ ―Free Trade Agreement country end
product,‖ ―Israeli end product,‖ and ―United States‖ are defined in the clause of this
solicitation entitled ―Buy American Act—Free Trade Agreements–Israeli Trade Act.‖
(ii) The offeror certifies that the following supplies are Free Trade Agreement
country end products (other than Bahrainian, Moroccan, Omani, or Peruvian end
products) or Israeli end products as defined in the clause of this solicitation entitled ―Buy
American Act—Free Trade Agreements—Israeli Trade Act‖:
Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan,
Omani, or Peruvian End Products) or Israeli End Products:
Line Item No. Country of Origin
______________ _________________
______________ _________________
______________ _________________
[List as necessary]
(iii) The offeror shall list those supplies that are foreign end products (other than
those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this
solicitation entitled ―Buy American Act—Free Trade Agreements—Israeli Trade Act.‖ The
offeror shall list as other foreign end products those end products manufactured in the
United States that do not qualify as domestic end products, i.e., an end product that is
not a COTS item and does not meet the component test in paragraph (2) of the
definition of ―domestic end product.‖
Other Foreign End Products:
Line Item No. Country of Origin
______________ _________________
______________ _________________
42
______________ _________________
[List as necessary]
(iv) The Government will evaluate offers in accordance with the policies and
procedures of FAR Part 25.
(2) Buy American Act—Free Trade Agreements—Israeli Trade Act Certificate,
Alternate I. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation,
substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic
provision:
(g)(1)(ii) The offeror certifies that the following supplies are Canadian end
products as defined in the clause of this solicitation entitled ―Buy American Act—
Free Trade Agreements—Israeli Trade Act‖:
Canadian End Products:
Line Item No.
_______________________________________
_______________________________________
_______________________________________
[List as necessary]
(3) Buy American Act—Free Trade Agreements—Israeli Trade Act Certificate,
Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation,
substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic
provision:
(g)(1)(ii) The offeror certifies that the following supplies are Canadian end
products or Israeli end products as defined in the clause of this solicitation entitled
―Buy American Act—Free Trade Agreements—Israeli Trade Act‖:
Canadian or Israeli End Products:
Line Item No. Country of Origin
______________ _________________
______________ _________________
______________ _________________
[List as necessary]
(4) Buy American Act—Free Trade Agreements—Israeli Trade Act Certificate,
Alternate III. If Alternate III to the clause at 52.225-3 is included in this solicitation,
43
substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic
provision:
(g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement
country end products (other than Bahrainian, Korean, Moroccan, Omani, or
Peruvian end products) or Israeli end products as defined in the clause of this
solicitation entitled ―Buy American Act-Free Trade Agreements-Israeli Trade Act‖:
Free Trade Agreement Country End Products (Other than Bahrainian, Korean,
Moroccan, Omani, or Peruvian End Products) or Israeli End Products: ―RESERVED‖
Line Item No. Country of Origin
______________ _________________
______________ _________________
______________ _________________
[List as necessary]
(5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade
Agreements, is included in this solicitation.)
(i) The offeror certifies that each end product, except those listed in
paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product,
as defined in the clause of this solicitation entitled ―Trade Agreements.‖
(ii) The offeror shall list as other end products those end products that are not
U.S.-made or designated country end products.
Other End Products:
Line Item No. Country of Origin
______________ _________________
______________ _________________
______________ _________________
[List as necessary]
(iii) The Government will evaluate offers in accordance with the policies and
procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will
evaluate offers of U.S.-made or designated country end products without regard to the
restrictions of the Buy American Act. The Government will consider for award only offers
of U.S.-made or designated country end products unless the Contracting Officer
determines that there are no offers for such products or that the offers for such products
are insufficient to fulfill the requirements of the solicitation.
(h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies
only if the contract value is expected to exceed the simplified acquisition threshold.)
44
The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any
of its principals—
(1) o Are, o are not presently debarred, suspended, proposed for debarment, or
declared ineligible for the award of contracts by any Federal agency;
(2) o Have, o have not, within a three-year period preceding this offer, been
convicted of or had a civil judgment rendered against them for: commission of fraud or
a criminal offense in connection with obtaining, attempting to obtain, or performing a
Federal, state or local government contract or subcontract; violation of Federal or state
antitrust statutes relating to the submission of offers; or commission of embezzlement,
theft, forgery, bribery, falsification or destruction of records, making false statements, tax
evasion, violating Federal criminal tax laws, or receiving stolen property;
(3) o Are, o are not presently indicted for, or otherwise criminally or civilly charged
by a Government entity with, commission of any of these offenses enumerated in
paragraph (h)(2) of this clause; and
(4) o Have, o have not, within a three-year period preceding this offer, been
notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which
the liability remains unsatisfied.
(i) Taxes are considered delinquent if both of the following criteria apply:
(A) The tax liability is finally determined. The liability is finally determined if it has
been assessed. A liability is not finally determined if there is a pending administrative or
judicial challenge. In the case of a judicial challenge to the liability, the liability is not
finally determined until all judicial appeal rights have been exhausted.
(B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if
the taxpayer has failed to pay the tax liability when full payment was due and required.
A taxpayer is not delinquent in cases where enforced collection action is precluded.
(ii) Examples.
(A) The taxpayer has received a statutory notice of deficiency, under I.R.C.
§6212, which entitles the taxpayer to seek Tax Court review of a proposed tax
deficiency. This is not a delinquent tax because it is not a final tax liability. Should the
taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has
exercised all judicial appeal rights.
(B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax
liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the
taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing,
and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In
the course of the hearing, the taxpayer is entitled to contest the underlying tax liability
because the taxpayer has had no prior opportunity to contest the liability. This is not a
delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court
review, this will not be a final tax liability until the taxpayer has exercised all judicial
appeal rights.
45
(C) The taxpayer has entered into an installment agreement pursuant to I.R.C.
§6159. The taxpayer is making timely payments and is in full compliance with the
agreement terms. The taxpayer is not delinquent because the taxpayer is not currently
required to make full payment.
(D) The taxpayer has filed for bankruptcy protection. The taxpayer is not
delinquent because enforced collection action is stayed under 11 U.S.C. §362 (the
Bankruptcy Code).
(i) Certification Regarding Knowledge of Child Labor for Listed End Products
(Executive Order 13126). [The Contracting Officer must list in paragraph (i)(1) any end
products being acquired under this solicitation that are included in the List of Products
Requiring Contractor Certification as to Forced or Indentured Child Labor, unless
excluded at 22.1503(b).]
(1) Listed end products.
Listed End Product Listed Countries of Origin
___________________ ___________________
___________________ ___________________
(2) Certification. [If the Contracting Officer has identified end products and
countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to
either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.]
[ ] (i) The offeror will not supply any end product listed in paragraph (i)(1) of this
provision that was mined, produced, or manufactured in the corresponding country as
listed for that product.
[ ] (ii) The offeror may supply an end product listed in paragraph (i)(1) of this
provision that was mined, produced, or manufactured in the corresponding country as
listed for that product. The offeror certifies that it has made a good faith effort to
determine whether forced or indentured child labor was used to mine, produce, or
manufacture any such end product furnished under this contract. On the basis of those
efforts, the offeror certifies that it is not aware of any such use of child labor.
(j) Place of manufacture. (Does not apply unless the solicitation is predominantly for
the acquisition of manufactured end products.) For statistical purposes only, the offeror
shall indicate whether the place of manufacture of the end products it expects to
provide in response to this solicitation is predominantly— ―RESERVED‖
(1) o In the United States (Check this box if the total anticipated price of offered
end products manufactured in the United States exceeds the total anticipated price of
offered end products manufactured outside the United States); or
(2) o Outside the United States.
(k) Certificates regarding exemptions from the application of the Service Contract
Act. (Certification by the offeror as to its compliance with respect to the contract also
constitutes its certification as to compliance by its subcontractor if it subcontracts out
46
the exempt services.) [The contracting officer is to check a box to indicate if paragraph
(k)(1) or (k)(2) applies.]
[ ] (1) Maintenance, calibration, or repair of certain equipment as described in FAR
22.1003-4(c)(1). The offeror o does o does not certify that—
(i) The items of equipment to be serviced under this contract are used regularly
for other than Governmental purposes and are sold or traded by the offeror (or
subcontractor in the case of an exempt subcontract) in substantial quantities to the
general public in the course of normal business operations;
(ii) The services will be furnished at prices which are, or are based on, established
catalog or market prices (see FAR 22.1003-4(c)(2)(ii)) for the maintenance, calibration,
or repair of such equipment; and
(iii) The compensation (wage and fringe benefits) plan for all service employees
performing work under the contract will be the same as that used for these employees
and equivalent employees servicing the same equipment of commercial customers.
[ ] (2) Certain services as described in FAR 22.1003-4(d)(1). The offeror o does o
does not certify that—
(i) The services under the contract are offered and sold regularly to non-
Governmental customers, and are provided by the offeror (or subcontractor in the
case of an exempt subcontract) to the general public in substantial quantities in the
course of normal business operations;
(ii) The contract services will be furnished at prices that are, or are based on,
established catalog or market prices (see FAR 22.1003-4(d)(2)(iii));
(iii) Each service employee who will perform the services under the contract will
spend only a small portion of his or her time (a monthly average of less than 20 percent
of the available hours on an annualized basis, or less than 20 percent of available hours
during the contract period if the contract period is less than a month) servicing the
Government contract; and
(iv) The compensation (wage and fringe benefits) plan for all service employees
performing work under the contract is the same as that used for these employees and
equivalent employees servicing commercial customers.
(3) If paragraph (k)(1) or (k)(2) of this clause applies—
(i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and
the Contracting Officer did not attach a Service Contract Act wage determination to
the solicitation, the offeror shall notify the Contracting Officer as soon as possible; and
(ii) The Contracting Officer may not make an award to the offeror if the offeror
fails to execute the certification in paragraph (k)(1) or (k)(2) of this clause or to contact
the Contracting Officer as required in paragraph (k)(3)(i) of this clause.
(l) Taxpayer Identification Number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701). (Not
applicable if the offeror is required to provide this information to a central contractor
registration database to be eligible for award.)
47
(1) All offerors must submit the information required in paragraphs (l)(3) through
(l)(5) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c)
and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and
implementing regulations issued by the Internal Revenue Service (IRS).
(2) The TIN may be used by the Government to collect and report on any
delinquent amounts arising out of the offeror‘s relationship with the Government (31
U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting
requirements described in FAR 4.904, the TIN provided hereunder may be matched with
IRS records to verify the accuracy of the offeror‘s TIN.
(3) Taxpayer Identification Number (TIN).
o TIN: ________________________________.
o TIN has been applied for.
o TIN is not required because:
o Offeror is a nonresident alien, foreign corporation, or foreign partnership that
does not have income effectively connected with the conduct of a trade or business in
the United States and does not have an office or place of business or a fiscal paying
agent in the United States;
o Offeror is an agency or instrumentality of a foreign government;
o Offeror is an agency or instrumentality of the Federal Government.
(4) Type of organization.
o Sole proprietorship;
o Partnership;
o Corporate entity (not tax-exempt);
o Corporate entity (tax-exempt);
o Government entity (Federal, State, or local);
o Foreign government;
o International organization per 26 CFR 1.6049-4;
o Other ________________________________.
(5) Common parent.
o Offeror is not owned or controlled by a common parent;
o Name and TIN of common parent:
Name ________________________________.
TIN _________________________________.
(m) Restricted business operations in Sudan. By submission of its offer, the offeror
certifies that the offeror does not conduct any restricted business operations in Sudan.
(n) Prohibition on Contracting with Inverted Domestic Corporations.
(1) Relation to Internal Revenue Code. An inverted domestic corporation as herein
defined does not meet the definition of an inverted domestic corporation as defined
by the Internal Revenue Code 25 U.S.C. 7874.
(2) Representation. By submission of its offer, the offeror represents that—
48
(i) It is not an inverted domestic corporation; and
(ii) It is not a subsidiary of an inverted domestic corporation.
(o) Sanctioned activities relating to Iran.
(1) The offeror shall e-mail questions concerning sensitive technology to the
Department of State at [email protected].
(2) Representation and Certification. Unless a waiver is granted or an exception
applies as provided in paragraph (o)(3) of this provision, by submission of its offer, the
offeror—
(i) Represents, to the best of its knowledge and belief, that the offeror does not
export any sensitive technology to the government of Iran or any entities or individuals
owned or controlled by, or acting on behalf or at the direction of, the government of
Iran; and
(ii) Certifies that the offeror, or any person owned or controlled by the offeror,
does not engage in any activities for which sanctions may be imposed under section 5
of the Iran Sanctions Act.
(3) The representation and certification requirements of paragraph (o)(2) of this
provision do not apply if—
(i) This solicitation includes a trade agreements certification (e.g., 52.212-3(g) or a
comparable agency provision); and
(ii) The offeror has certified that all the offered products to be supplied are
designated country end products.
(End of provision)
49
ADDENDUM TO OFFEROR REPRESENTATIONS AND CERTIFICATIONS FAR AND DOSAR
PROVISION(S) NOT PRESCRIBED IN PART 12
652.225-70 ARAB LEAGUE BOYCOTT OF ISRAEL (AUG 1999)
(a) Definitions. As used in this provision:
Foreign person means any person other than a United States person as defined
below.
United States person means any United States resident or national (other than an
individual resident outside the United States and employed by other than a United
States person), any domestic concern (including any permanent domestic
establishment of any foreign concern), and any foreign subsidiary or affiliate (including
any permanent foreign establishment) of any domestic concern which is controlled in
fact by such domestic concern, as provided under the Export Administration Act of
1979, as amended.
(b) Certification. By submitting this offer, the offeror certifies that it is not:
(1) Taking or knowingly agreeing to take any action, with respect to
the boycott of Israel by Arab League countries, which Section 8(a)
of the Export Administration Act of 1979, as amended (50 U.S.C.
2407(a)) prohibits a United States person from taking; or,
(2) Discriminating in the award of subcontracts on the basis of religion.
[Note to Contracting Officer: see instructions on whether to include the following
DOSAR provision]
652.228-70 DEFENSE BASE ACT – COVERED CONTRACTOR EMPLOYEES (JUN 2006)
(a) Bidders/offerors shall indicate below whether or not any of the following
categories of employees will be employed on the resultant contract, and, if so, the
number of such employees:
Category Yes/No Number
(1) United States citizens or residents
(2) Individuals hired in the United States,
regardless of citizenship
(3) Local nationals or third country
nationals where contract performance
takes place in a country where there are
no local workers‘ compensation laws
Local nationals: ________
Third Country Nationals:
_________
(4) Local nationals or third country Local nationals: ________
50
nationals where contract performance
takes place in a country where there are
local workers‘ compensation laws
Third Country Nationals:
_________
(b) The contracting officer has determined that for performance in the country of
Nepal:
{ X } Workers‘ compensation laws exist that will cover local nationals and third country
nationals.
{ } Workers‘ compensation laws do not exist that will cover local nationals and third
country nationals.
(c) If the bidder/offeror has indicated ―yes‖ in block (a)(4) of this provision, the
bidder/offeror shall not purchase Defense Base Act insurance for those employees.
However, the bidder/offeror shall assume liability toward the employees and their
beneficiaries for war-hazard injury, death, capture, or detention, in accordance with
the clause at FAR 52.228-4.
(d) If the bidder/offeror has indicated ―yes‖ in blocks (a)(1), (2), or (3) of this
provision, the bidder/offeror shall compute Defense Base Act insurance costs covering
those employees pursuant to the terms of the contract between the Department of
State and the Department‘s Defense Base Act insurance carrier at the rates specified
in DOSAR 652.228-74, Defense Base Act Insurance Rates – Limitation. If DOSAR
provision 652.228-74 is not included in this solicitation, the bidder/offeror shall notify the
contracting officer before the closing date so that the solicitation can be amended
accordingly.
(End of provision)